Supreme Court Chief Justice Gilmar Mendes had been expected to rule on Sean Goldman's case yesterday, then today.
The decision will likely not come down until tomorrow.
Sean’s mother took him on vacation to Brazil in June 2004, but instead of returning to New Jersey, she divorced his father David Goldman and remarried in Brazil.
His mother, Bruna Bianchi, died last year, but Sean's stepfather Joao Paulo Lins e Silva continued to raise him in Brazil and has claimed custody rights.
Also today, Silva’s lawyer Sergio Tostes issued a statement denying reports that Sean would return to the US if his maternal grandmother Silvana Bianchi was allowed to accompany him on the flight.